Back
JAY SENGUPTA
Pradeep Kumar Halder – Appellant
Versus
State – Respondent
JUDGMENT :
Jay Sengupta, J.
1. This is a revisional application challenging an appellate order of conviction and sentence dated 29.12.2023 passed in an appeal preferred by the petitioner being Criminal Appeal No.7 of 2023 by the learned Additional Sessions Judge at Mayabunder thereby affirming the Trial Court’s Judgment dated 23.03.2022 passed in CR Case No.15 of 2014 convicting the petitioner-accused and another to suffer simple imprisonment for a term of 3 years for each of the offences along with the fine of Rs.30,000/-to be paid by each of the convicts punishable under Sections 9, 39(3) and 40 (2) of the Wildlife Protection Act, 1972, the sentences having to run simultaneously.
2. A complaint case was filed before the learned Chief Judicial Magistrate at Mayabunder under Sections 2, 9, 39(3), 50, 51 and 40 (2) of the Wildlife Protection Act, 1972 with the allegations that on 01.12.2013 at about 3.20 hours the Range Officer, Bakultala received a secret information about illegal hunting, possession and illegal trading of Wildlife Scheduled Species at Tikka Dera. The Range Officer along with team rushed to the house of the petitioner with search warrant and made search in presence
The prosecution must prove crucial evidence, such as seizure memos and expert reports, to support convictions under the Wild Life (Protection) Act, 1972.
Unrebutted evidence collected by prosecution appears to be quite enough for holding accused guilty under Section 51 of Wild Life Protection Act, and for that both Courts below have been fully justifi....
Section 50(8) authorises an officer not below rank of Assistant Director of Wild Life Preservation or Assistant Conservator of Forests to receive and record evidence.
Appellate courts cannot order retrial solely to enable prosecution to remedy deficiencies their case.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
